1656 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 

Compliance Instructions, Part II, paragraphs 

3. through 3.2, of Agusta Alert Bollettino 

Tecnico (ABT) No. 109S–5, dated July 26, 

2006, for Model A109S helicopters; ABT No. 

109EP–70, dated July 27, 2006, for Model 

A109E helicopters; ABT No. 109K–47, dated 

July 27, 2006, for Model A109K2 helicopters; 

ABT No. 109–122, dated July 27, 2006, for 

Model A109, A109A, A109A II, and A109C 

helicopters; or ABT No. 119–15, dated July 

27, 2006, for Model A119 helicopters. 

(i) If the torsion value force of the ball 

bearing in either end of the link assembly is 

greater than 7.30 N, the link assembly is 

unairworthy. 

(ii) If the torsion value force of the ball 

bearing in both ends of the link assembly is 

equal to or less than 7.30 N, after cleaning 

the link assembly stem using aliphatic 

naphtha, or equivalent, and a soft nonmetallic bristle brush, inspect all 4 (four) 

faces of the stem of the link assembly for a 

crack using a 10x or higher magnifying glass. 

If you cannot determine whether there is a 

crack in the stem of the link assembly by 

using a 10x or higher magnifying glass, 

conduct a dye penetrant inspection by 

referring to Figure 1 and following the 

Compliance Instructions, Part II, paragraphs 

6. through 6.7, of the ABT that is applicable 

to your model helicopter. If a crack is found, 

the link assembly is unairworthy. 

(3) For a link assembly which has been 

inspected in accordance with paragraph 

(d)(2)(ii) of this AD and determined to be 

unairworthy, before further flight, replace the 

link assembly with an airworthy link 

assembly. Only a link assembly with a ‘‘T’’ 

marked after the serial number, documenting 

that the link assembly has been inspected for 

a crack, is eligible for installation. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, Rotorcraft Directorate, FAA, may 

approve AMOCs for this AD. Send your 

proposal to: Gary Roach, Aviation Safety 

Engineer, Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; telephone 

(817) 222–5110; email gary.b.roach@faa.gov. 

(2) For operations conducted under a Part 

119 operating certificate or under Part 91, 

Subpart K, we suggest that you notify your 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office or certificate holding 

district office, before operating any aircraft 

complying with this AD through an AMOC. 

(f) Additional Information 

The subject of this AD is addressed in the 

European Aviation Safety Agency (Italy) AD 

2006–0228–E, dated July 27, 2006. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6400: Tail Rotor System. 

Issued in Fort Worth, Texas, on December 

27, 2011. 

M. Monica Merritt, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–367 Filed 1–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0117; Airspace 

Docket No. 09–AGL–31] 

RIN 2120–AI92 

Proposed Establishment of Restricted 

Areas R–5402, R–5403A, R–5403B, R– 

5403C, R–5403D, R–5403E, R–5403F; 

Devils Lake, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); extension of comment period. 

SUMMARY: This action extends the 

comment period for an NPRM that was 

published on November 28, 2011. In 

that document, the FAA proposed to 

establish restricted area airspace within 

the Devils Lake East Military Operations 

Area (MOA), overlying Camp Grafton 

Range, in the vicinity of Devils Lake, 

ND. This extension is a result of a 

request from the North Dakota Aviation 

Council (NDAC), representing eight 

member groups including the Airport 

Association of North Dakota, North 

Dakota Business Aviation Association, 

North Dakota Pilots Association, North 

Dakota Professional Aviation Mechanics 

Association, and North Dakota Flying 

Farmers, to extend the comment period 

to the proposal. 

DATES: The comment period for the 

NPRM published on November 28, 2011 

(76 FR 72869), scheduled to close on 

January 12, 2012, is extended until 

February 12, 2012. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2011–0017 and Airspace Docket No. 09– 

AGL–31 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Send comments to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

• Hand Delivery: Bring comments to 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace, Regulations and 

ATC Procedures Group, Office of 

Airspace Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591, 

telephone (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 1657 

Background 

On November 28, 2011, the Federal 

Aviation Administration (FAA) issued 

Docket No. FAA–2011–0117; Airspace 

Docket No. 09–AGL–31, Proposed 

Establishment of Restricted Areas R– 

5402, R–5403A, R–5403B, R–5403C, R– 

5403D, R–5403E, R–5403F; Devils Lake, 

ND (76 FR 72869; November 28, 2011). 

Comments to that document were to be 

received on or before January 12, 2012. 

By request submitted to the docket on 

January 2, 2012, the NDAC, representing 

eight member groups including the 

Airport Association of North Dakota, 

North Dakota Business Aviation 

Association, North Dakota Pilots 

Association, North Dakota Professional 

Aviation Mechanics Association, and 

North Dakota Flying Farmers, requested 

that the FAA extend the comment 

period for Airspace Docket FAA–2011– 

0117; Airspace Docket No. 09–AGL–31 

from January 12, 2012, to April 30, 

2012. The organizations requesting an 

extension stated that the comment 

period deadline of January 12, 2011, did 

not allow adequate time to respond. 

They noted that the comment period 

between the November 28, 2011 notice 

and the January 12, 2012 deadline 

provided very little opportunity to 

research the issue, gain comments and 

adequately consider the issue. The 

NDAC offered their eight member 

organization are holding their annual 

meetings during the Upper Midwest 

Aviation Symposium, scheduled for 

March 4–6, 2012, and plan to use the 

opportunity to discuss the proposal, 

gain insight into concerns, and receive 

position guidance from their members 

related to the proposed action; hence 

the extension request to April 30, 2012. 

Additionally, the NDAC commented the 

Christmas and New Year holiday season 

fell within the comment period which 

greatly reduced the ability to 

communicate and get meaningful 

coordination completed. 

The FAA supports the petitioners’ 

request for an extension of the comment 

period on Docket No. FAA–2011–0117; 

Airspace Docket No. 09–AGL–31, for an 

additional 30 days in lieu of the 120-day 

extension requested. The FAA believes 

a 120-day extension of the existing 45- 

day comment period for the proposed 

action to be excessive and unreasonable. 

The FAA must balance the length of the 

comment period against the need to 

proceed expeditiously with airspace 

actions that support realistic training 

requirements in modern tactics for the 

military as we manage the safe and 

efficient use of the National Airspace 

System. The FAA believes an additional 

30 days would be adequate for 

commenters to collect cost and 

operational data necessary to provide 

meaningful comment to Docket No. 

FAA–2011–0117; Airspace Docket No. 

09–AGL–31. The FAA does not 

anticipate any further extension of the 

comment period for this rulemaking. 

Extension of Comment Period 

In accordance with section 11.47(c) of 

title 14, Code of Federal Regulations, the 

FAA has reviewed the request 

submitted by the North Dakota Aviation 

Council for extension of the comment 

period to Docket No. FAA–2011–0117; 

Airspace Docket No. 09–AGL–31. This 

petitioner has shown a substantive 

interest in the proposed rule and good 

cause for the extension. The FAA has 

determined that extension of the 

comment period is consistent with the 

public interest, and that good cause 

exists for taking this action. 

Accordingly, pursuant to the 

authority delegated to me, the comment 

period for Docket No. FAA–2011–0117; 

Airspace Docket No. 09–AGL–31 

published in the Federal Register on 

November 28, 2011 (76 FR 72869), FR 

Doc. 2011–30495, is extended until 

February 12, 2012. 

Issued in Washington, DC, on January 5, 

2012. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2012–284 Filed 1–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

14 CFR Part 1260 

RIN 2700–AD79 

Profit and Fee Under Federal Financial 

Assistance Awards 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Proposed rule. 

SUMMARY: NASA is proposing to revise 

the NASA Grant & Cooperative 

Agreement Handbook to prohibit the 

payment of profit or fee on Federal 

Financial Assistance awards, i. e. grants 

and cooperative agreements. This is an 

extension of the currently existing 

prohibition on payment of profit or fee 

to commercial entities under Federal 

Financial Assistance awards. 

DATES: Interested parties should submit 

comments to NASA at the address 

identified below on or before March 12, 

2012 to be considered in formulation of 

the final rule. 

ADDRESSES: Interested parties may 

submit comments, identified by RIN 

2700–AD79, via the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments may also be submitted to R. 

Todd Lacks (Room 5J75), NASA 

Headquarters, Office of Procurement, 

Contract Management Division, 

Washington, DC 20546. Comments may 

also be submitted by email to: 

todd.lacks@nasa.gov. 

FOR FURTHER INFORMATION CONTACT: R. 

Todd Lacks, NASA Headquarters, Office 

of Procurement, Contract Management 

Division, Room 5J75; telephone: (202) 

358–0799; email: todd.lacks@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Historically, NASA has discouraged 

the payment of profit or fee under its 

Federal Financial Assistance awards 

because payment in excess of costs is 

inconsistent with the intent of grant and 

cooperative agreements which provide 

funding in the form of financial 

assistance to recipients for their 

performance of a public purpose. In the 

case of awards to commercial firms, 

payment of profit or fee is specifically 

prohibited. Because the prohibition 

does not include other recipients such 

as educational and non-profit 

organizations, NASA’s policy has been 

misinterpreted and inconsistent 

application has occurred. A recent 

review indicates that, in instances 

where the Agency has accepted such 

proposals and paid management fees, 

the payment of those fees has been 

inappropriate for the grant or 

cooperative agreement effort. While the 

payment of fees, historically, has 

occurred on less than 1 percent of 

Agency grants and cooperative 

agreements, this proposed rule which 

extends the prohibition on payment of 

profit or fees to all recipients of NASA 

grants and cooperative agreements, will 

ensure that the regulation accurately 

reflects Agency policy. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1